The Procedural Supporting Mechanism Of The Supervision Committee's Duty Crime Investigation Measures

In March 2018,the supervision law of the People's Republic of China(hereinafter referred to as the supervision law)was adopted by the National People's Congress,marking the final completion of China's supervision reform.According to authoritative interpretation of supervisory system reform for "all the exercise of public power of public officials" supervision,implement the "state supervision for the whole",complete the organic integration of the national anticorruption resources,make the administrative supervision(watchdog),the criminal investigation(institutions)procuratorial organs against corruption and bribery and corruption prevention(such as corruption prevention department)are unified into the supervisory committee,implement the supervisory committee(national level)and the commission for discipline inspection(party)integration.At the same time,the inspection act through and over the past years party survey,scattered Zheng Ji investigation and criminal investigation,give supervisory committee through unified investigation to determine the function of three kinds of illegal crime fact,implements the party discipline,Zheng Ji investigation and criminal investigation of organic link,to avoid the different the repetition of the same investigation investigation organs and delay,improve the efficiency of the anti-corruption investigation activities.However,the supervisory commission system is being explored and practiced,and there are inevitably some deviations in the specific operation of the power of investigation of duty crimes,and the specific investigation measures are also lack of procedural regulation to some extent.Since the investigation measures of the commission are mandatory for the property and personal freedom of the investigated,the investigation activities of the commission are often closed due to the need of investigation.It is of great significance for the commission to properly exercise its power to investigate functionary crimes,protect the lawful rights and interests of functionary suspects,and "keep power in the cage of the system".The writing of this paper will proceed from the two aspects of theoretical deduction and countermeasure construction,focusing on the significance of procedural guarantee of the investigation measures of duty crimes by the supervisory commission,and put forward the corresponding scheme,in order to improve the guarantee and restriction mechanism of China's supervision and investigation measures,and ensure its reasonable and normative operation.This paper is divided into four parts:The first part is an overview of the procedural safeguard mechanism of the commission's duty crime investigation measures,which is to explore the essence of the supervision and investigation right,explain the background,theoretical origin and basic contents and objects of the supervision and investigation right,and further explain the essential characteristics of the supervision and investigation measures.The second part is to recognize the deficiencies and loopholes in the procedural safeguard mechanism of the investigation measures of duty crimes in China's supervisory commission.On the one hand,this paper discusses the absence of the mechanism of the connection and transformation of the investigation procedure of general duty violation and duty crime,and probes into the root cause of the weak support of the investigation procedure of duty crime.On the other hand,it reveals the problems in different stages of duty crime investigation.At the same time,it explores the current situation of weak defense rights of the investigated,and sets up a problem orientation for the reasonable construction of the procedural guarantee mechanism of the investigation measures of duty crimes of the supervisory commission.The third part focuses on the procedural guarantee of the investigation measures of duty crimes in the world from the international perspective.Taking Singapore,Japan,Germany and Hong Kong as the case study,this paper presents the current situation of the investigation procedure safeguard mechanism of duty crime at home and abroad by means of analysis and comparison.The fourth part explores the ways to improve the procedural safeguard mechanism of the commission's duty crime investigation measures.On the basis of the above,it is necessary to dredge the joints of the pulse and establish the separation mechanism of the procedure of general duty violation and duty crime.It is suggested that the principle of legality,the principle of procedural justice,the principle of power and capacity coordination,and the principle of human rights protection should be taken as the starting point,so as to give full play to the macro-leading role of the value concept.At the same time,the author puts forward some thoughts on the connection between the supervision law and the criminal procedure law at the micro level,so as to realize the purpose of "connection" as the guarantee and strictly standardizing the investigation measures and procedures.